Supreme Court of India · 2015-12-02
UNION OF INDIA vs V. SRIHARAN @ ,MURUGAN & ORS.
- Citation / case number
- SC 2014/60051
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- V. SRIHARAN @ ,MURUGAN & ORS.
- Author
- FAKKIR MOHAMED IBRAHIM KALIFULLA
- Bench
- H.L. DATTU,FAKKIR MOHAMED IBRAHIM KALIFULLA,PINAKI CHANDRA GHOSE,ABHAY MANOHAR SAPRE,AMITAVA ROY
Judgment text excerpt
The Supreme Court addressed critical questions regarding the remission of life sentences under Section 53 and Section 432 of the Penal Code, particularly in the context of the Rajiv Gandhi assassination case. The Court held that the term 'imprisonment for life' does not inherently exclude the right to remission, and clarified the roles of the Union and State governments in exercising remission powers under Articles 72 and 161 of the Constitution. The judgment emphasized the need for a clear procedural framework for remission, especially in cases involving severe penalties, thereby establishing important legal principles regarding the interplay of state and union powers in criminal justice.